Fraud Under $5,000

What is Fraud Under $5,000

Definition: Fraud occurs when someone deceives or misleads another person to gain something unfair or cause them a loss. Section 380(1) of the Criminal Code of Canada differentiates fraud based on the value involved. When the value obtained or lost is under $5,000, it’s considered “fraud under”.

Important Points

  • Fraud covers a wide range of actions, from using a stolen credit card to writing a bad cheque to manipulating a financial system.
  • The Crown (prosecution) must prove the intent to deceive or mislead.
  • The value of the loss or gain determines whether the charge is ‘under’ or ‘over’ $5,000.
 

Common Evidence

  • Witness statements about your actions and the alleged victim’s losses.
  • Bank records, credit card statements or other financial documents.
  • Communications (emails, texts) supporting the fraudulent activity.
  • Police reports or statements from investigating officers.

Penalties for Fraud Under $5,000

Fraud under $5,000 is a hybrid offence, meaning the Crown decides whether to proceed summarily or by indictment:

Summary Conviction: Less serious cases.

  • Maximum Penalty: Up to 24 months in prison and/or a $5,000 fine.

Indictment: More serious cases, often involving a complex scheme or targeting vulnerable people.

  • Maximum Penalty: Up to 2 years in prison.

How We Can Help

Securing Your Release: An arrest for fraud can sometimes lead to a court appearance date without being detained. If you are held for a bail hearing, we’ll fight for your release on the best possible conditions.

Fighting the Charges: Every fraud case is unique. We’ll look closely at the facts of your situation to build a strong defence:

  • You didn’t commit fraud, or there’s mistaken identity.
  • There was no intent to deceive or mislead.
  • The value in question doesn’t meet the $5,000 threshold.
  • The evidence against you is weak or unreliable.

Frequently Asked Questions

Fraud charges are very common for these schemes.

An attempt to commit fraud can also be an offence.

Let's Talk About Your Case

Fraud charges, even under $5,000, can have serious consequences. They can damage your reputation, limit employment opportunities, and affect your ability to obtain credit. Don’t hesitate to seek legal advice. Contact us for a free case review to discuss your situation and potential defences.

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